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F:\5376\2005-0077\NTCE\2005031 8HEATHER 8181 4.WPD
CLER K’S OFFI CE
BEFORE THE
POLLUTION
BOARD
~
OF THE STATE OF ILLINOIS
L
J
STATE OF
ILLLNOIS
Pollution Control Board
PAUL JOHNSON,
INC.,
)
Petitioner,
~
1
vs.
)
PCB NO.
05-109
-j
ILLINOIS
ENVIRONMENTAL PROTECTION
)
AGENCY and VILLAGE OF WATERMAN,
)
ILLINOIS,
)
Respondents.
)
To:
Charles W. Gunnarson
Richard
M. Saines
IEPA
Baker & Mckenzie
1021
N.
Grand Ave., East
One Prudential Plaza
P.O. Box 19276
130
E.
Randolph Dr.
Springfield, IL 62794-9276
Chicago, IL 60601
Lynn Dunaway
IEPA
1021
N.
Grand Ave.,
East
P.O. Box 19276
Springfield,
IL 62794-276
NOTICE
OF
FILING
Please take notice that
I filed today with the
office of Clerk of the Pollution Control
Board a Post Hearing Brief on behalf of the Village of Waterman, Illinois, a copy ofwhich
is herewith served upon you.
Respectfully Submitted,
VILLAGE OF WATERMAN,
~
Kevin
E.
Buick,
Village Attorney
orr)~
a
Pagel
of
2
r~ii
COPY
CLERK’S OFFICE
F:\5376\2005-0077\BRiE\2005O318HEATHER 84817.WPD
/1~~
g~
J
~
BEFORE THE
POLLUTION BOARD
~i~m:
OF THE
STATE OF ILLINOIS
~
~oc~w
r~o&rd
PAUL JOHNSON, INC.,
)
Petitioner,
)
vs.
)
PCB NO. 05-109
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY and VILLAGE OF WATERMAN,
)
ILLINOIS,
)
Respondents.
POST HEARING BRIEF OF VILLAGE OF WATERMAN
On March 8, 2005, atthe public hearing forthis matter, Petitioner Paul Johnson, Inc.
presented
testimony
and
exhibits
in
support
of
its
Petition
for
a
Water Well
Setback
Exception.
Petitioner
is seeking to use “direct push” technology for in-situ remediation of
hydrocarbon contamination of the shallow aquifer at the site of its formertruck leasing and
fueling operation
in
Waterman, Illinois.
At the
public hearing,
Petitioner produced
the testimony of Stephen Swenson of
Clayton Group Services, who testified regarding the Petitioner’s desire to inject Oxygen
Release Compound (“ORC”) in the form of slurry and nutrients around the perimeterofthe
hydrocarbon
plume
which
lies
underneath the surface of the
Petitioner’s property.
This
area
lies within
150 feet from
one of the
Village of Waterman’s municipal potable water
wells,
specifically,
Well
#2.
Because
the
bioremediation
activity
sought
by
Petitioner
impacts an area within 200 feet ofthe Village ofWaterman’s active municipal potable water
well,
this setback exception hearing was necessary in accordance with the standards
of
35
III. Adm.
Code
106.300 et seq.
and 415 ILCS 5/14.2 (c).
The testimony of Mr. Swenson at the public hearing indicated thatthe injection wells
proposed by Petitionerwould extend down 10 to 14 feet below the surface, and would have
the effect offorming a mound of ground water, creating a hydraulic barrier, to prevent entry
of the
ORC
into
the
municipal
well
area.
Mr.
Swenson
testified
that the
remediation
process will create solids that would not tend to migrate into the areas which would create
an impact upon the municipal water well.
The Illinois Environmental Protection Agency is
generally supportive of the process sought to be pursued
by the
Petition,
and the
Village
of Waterman defers to the expertise and knowledge of the IEPA in this regard.
The Village
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F:\5376\2OO5~OO77\BRIE\2OO5O318HEATHER8481 7.WPD
joins
in
the
request
of
the
IEPA
that
the
Board
order
PJI
to
continue
groundwater
remediation
efforts for
a minimum
of two
consecutive
quarters with
no
exceedence of
Class
I Potable
Resource Groundwater standards prior to considering bioremediation to
be complete.
The primary concern of the Village of Waterman relates to monitoring of any impact
that the bioremediation
could
possibly have
on
Well #2.
The testimony offered by Mr.
Swenson on behalf of the Petitioner at the hearing indicated
that Petitioner presently has
no plans to participate in the monitoring of the Village’s Well #2
in order to detect potential
impact from the injection of the relevant components, because the Village would already
be monitoring the Well through routine sampling.
While the Village does administercertain
standard
tests (e.g.
for “BTAC5”),
the
Village
is not ordinarily conducting any additional
tests that may be necessary or appropriate as a result of the
injection of the
ORC slurry
and nutrients in the vicinity.
If the Board should make a determination that additional tests
are a prudent measure to ensure no migration o~the
ORC into the Village water supply has
occurred, the Village’s request would be that any additional cost as a result of these tests
be borne
by Petitioner rather than the
Village.
The
Village
of Waterman
would
therefore
request,
as
the
Board
deliberates
on
Petitioner’s request for exception, that the cost of any additional testing that is necessary
or appropriate to preserve the
public safety
in
this vein be considered by the
Board and
allocated to the
Petitioner as a condition
of
setback exception,
if the
Board deems this
appropriate.
Additionally,
should
the “unthinkable”
occur, with
migration of ORC or the
hydrocarbon plume itself into the
water supply due to these
bioremediation efforts with
regard
to
the
Petitioner’s
property,
that
the
costs
of
amelioration
of
the
situation
be
chargeable to Petitioner as well.
Respectfully Submitted,
VILLAGE OF WATERMAN,
Kevin
E.
Buick, Village Attorney
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RE C ~Et~
V E
CLERK’S OFF~CE
MA~25
2005
STATE OF
ILL1NO~S
Pollution Control Board
STATE OF ILLINOIS
)
SS
COUNTYOFDEKALB
)
I, the undersigned, being first duly sworn,
on oath depose and say that
I served the
within
Notice of Filing
and Post Hearing Brief by first class mail
upon the following:
Charles W.
Gunnarson
Richard M.
Saines
IEPA
Baker & McKenzie
1021
N.
Grand Ave., East
One Prudential
Plaza
P.O.
Box
19276
130 E.
Randolph
Dr.
Springfield,
IL 62794-9276
Chicago,
IL 60601
Lynn Dunaway
I EPA
1021
N.
Grand Ave., East
P.O.
Box 19276
Springfield,
IL 62794-276
by placing
a true and correct copy of said
Notice of Filing
and
Post Hearing Brief
in
an
envelope, addressed as
is shown above.
Then
I
sealed
said
envelope
and
placed
sufficient
U.S.
postage thereon;
that
I
deposited said envelope so sealed and stamped
in the U.S.
mail at Sycamore,
Illinois,
at
or about the hour of 5:00 p.m.
on the
~~~day
of March, of 2005.
F:\5376\2005-0077\NTCE\2005031 8HEATHER
81 814.WPD
PROOF OF SERVICE
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Subscribed and
sworn to before me
this
L\
day of March, 2005.
NOTARY PUBLIC
u~FjC~A~j
SEAL”
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F
SANDRA
ROTH
14
JB7ATEOFI
COMM~S5~ON
EXPIRES O2/O3/O9~
Page 2 of
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